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29 Duq. L. Rev. 553 (1990-1991)
Maternal Liability for Prenatal Injury Arising from Substance Abuse during Pregnancy: The Possibility of a Cause of Action in Pennsylvania

handle is hein.journals/duqu29 and id is 563 raw text is: Maternal Liability for Prenatal Injury Arising from Substance Abuse During Pregnancy: The Possibility of a Cause of Action in Pennsylvania Mary K. Kennedy TABLE OF CONTENTS I. Introduction ..................................... 553 II. Defining the Problem: The Effects of Maternal Drug Use During Pregnancy ........................... 555 A . N arcotics ................................... 555 B . A lcohol ..................... I .. ............. 557 C. Social Im pact ............................... 558 III. The Development of Prenatal Injury Law in Pennsyl- v a n ia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 2 IV. The Abrogation of Parent-Child Tort Immunity in P ennsylvania .................................... 565 V. Issues Concerning the Child's Cause of Action ...... 568 A. The Duty to the Child ....................... 570 B. The Standard of Care: A Balance Between the Mother's Rights and Those of the Child ....... 572 V I. C onclusion ...................................... 576 I. INTRODUCTION The medical profession has recognized the fetus as an individual patient separate from the mother for longer than the law has con- sidered it an entity deserving of legal protection in its own right.1 In the early prenatal injury cases after Dietrich v Inhabitants of Northampton,2 courts denied recovery on the grounds that a fetus was a part of the mother.3 Today, all states recognize the child's right to bring an action against a third party for negligent inflic- 1. See Dietrich v Inhabitants of Northampton, 138 Mass 14 (1884) and note 137 and accompanying text. 2. 138 Mass 14 (1884). 3. Dietrich, 138 Mass at 14.

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